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Mapmakers governing document · Appendix B

FOUNDING INSTRUMENT
of the Constitution of Humanity

Reader guidance: This reference discusses institutions and events through The Mine (Book Six). Readers who prefer to avoid spoilers should consult the reading order first.

The canonical founding instrument from The Mine, Appendix B: ratification, legal activation, institutional continuity, and the one-year military transition.

  • Published fictional canon
  • Source: The Mine, Appendix B
  • Complete original text
This document is reproduced from The Mine exactly as published. It is part of the fictional 2045 constitutional founding, not an enacted present-day United Nations instrument. Read the Constitution.

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FOUNDING DECLARATION

The members of the United Nations Security Council and the nations of the General Assembly, having approved the Constitution of Humanity as the common constitutional order of humanity, adopt this Founding Instrument to authenticate its ratification, establish its first institutions, preserve lawful continuity, and complete an orderly transfer from the prior United Nations system.

ARTICLE I

Adoption and Authenticated Text

Section 1. The Constitution of Humanity and this Founding Instrument are adopted together as authenticated texts and shall be interpreted together as the founding constitutional settlement.

Section 2. No reservation, condition, declaration, or national law may alter the force or meaning of the Constitution or this Founding Instrument. An implementation declaration may explain how a nation will comply but creates no exception from compliance.

Section 3. This Founding Instrument governs ratification, entry into force, institutional continuity, and the founding transition. After completion of the transition, it remains authoritative as the record of those founding acts.

Section 4. The United Nations Security Council General Orders and the Security Council Military Organization Order are prescribed as the initial subordinate instruments of the constitutional order and shall take effect with the Constitution.

ARTICLE II

Founding Approval and Ratification

Section 1. The Constitution and this Founding Instrument shall be founded upon approval by three-fourths of the Security Council, approval by a supermajority of the General Assembly, and ratification by two-thirds of the recognized nations representing not less than two-thirds of humanity.

Section 2. The General Assembly vote shall remain open for not less than seventy-two hours after authenticated notice of the final texts has been made available to every nation entitled to participate.

Section 3. Each national ratification shall be made by the authority competent under that nation’s law and deposited in authenticated form. Ratification is of the complete and identical Constitution and Founding Instrument.

Section 4. For the founding count, population shall be determined under a uniform published method using the most recent reliable figures available when the voting period opens.

Section 5. The Secretary-General shall serve as depositary, maintain the authenticated registry, publish the status of each threshold, and certify when all founding conditions have been satisfied.

Section 6. The Secretary-General shall not certify the founding conditions as satisfied until every approval and ratification required to amend or lawfully replace the prior Charter of the United Nations has also been authenticated.

ARTICLE III

Founding Institutions

Section 1. The founding members of the Security Council are the United States, the United Kingdom, France, Russia, China, Korea, India, and Pakistan.

Section 2. The principal and duty representatives serving those members immediately before entry into force shall continue provisionally until replaced by authenticated appointment under the Constitution.

Section 3. Every nation recognized by the United Nations when the founding vote opens is a member of the General Assembly and may participate directly or through an authorized representative.

Section 4. The existing Secretariat, public services, registries, courts, inspectorates, and agencies of the United Nations shall continue provisionally to the extent consistent with the Constitution until lawfully reorganized.

Section 5. The tribunal then exercising final appellate review under the Universal Law of Human Rights shall serve provisionally as the High Court of Humanity until law provides for its permanent composition.

Section 6. The Security Council’s duty-representative system shall continue as its continuously available operating session. Its authenticated decisions possess the full authority of the Council unless superseded under the Constitution.

ARTICLE IV

Entry into Force and Legal Continuity

Section 1. If the Secretary-General certifies before 00:00 Coordinated Universal Time on January 1, 2045, that every founding condition has been satisfied, the Constitution and this Founding Instrument shall enter into force everywhere at that instant. Without timely certification, they shall not enter into force.

Section 2. At that instant, every prior charter, mandate, emergency structure, treaty obligation, law, order, or command inconsistent with the Constitution shall yield to it to the extent of the inconsistency.

Section 3. Rights, citizenship, lawful civil authority, judicial remedies, public obligations, property, contracts, debts, warrants, judgments, and pending proceedings shall continue unless the Constitution or valid implementing law requires a different result.

Section 4. The Universal Law of Human Rights and the International Strategic Arms Authority shall continue without interruption and shall operate under the Constitution until lawfully amended or reorganized.

Section 5. No lapse of authority, custody, command, public service, or judicial protection shall be inferred from the transition between the prior United Nations system and the constitutional United Nations.

ARTICLE V

Transfer of Military Authority

Section 1. Upon entry into force, independent national authority to wage interstate war or to conduct strategic, expeditionary, or off-world military action terminates. Exclusive authority to raise, organize, maintain, equip, command, and employ the military forces and strategic weapons of humanity vests in the Security Council.

Section 2. From that instant, the only lawful organized armed forces are national domestic-security forces acting within the authority reserved to them by the Constitution and implementing law, and the military forces of the United Nations acting under Security Council authority.

Section 3. No nation may initiate or continue an independent interstate military role through attack, blockade, occupation, coercive threat, escort, pursuit, retaliation, peacekeeping, protection of nationals or property, overseas-base defense, or other war-making action. Limited national domestic-security authority remains lawful only as provided by the Constitution and implementing law. Nothing in this Section diminishes the constitutional right of any individual person to reasonable self-defense or defense of another against an unlawful and imminent use of force.

Section 4. All strategic weapons, strategic release systems, and strategic-custody arrangements shall remain continuously secured and shall pass under the exclusive constitutional authority of the Security Council without interruption.

Section 5. Personnel, ships, aircraft, spacecraft, weapons, facilities, or other capabilities placed in United Nations service may not be withdrawn or recalled unilaterally by a nation.

ARTICLE VI

Founding Transition

Section 1. Calendar year 2045 is the binding period for withdrawal, transfer, conversion, demobilization, retirement, destruction, and lawful disposition of former national military organizations and capabilities.

Section 2. During that period, a former national military organization may remain organized and may exercise only the authority necessary for lawful national security within its own borders; safety, navigation, accountability, withdrawal, transfer, conversion, personnel disposition, asset disposition, demobilization, and compliance; and reasonable immediate defense of persons against an unlawful and imminent nongovernmental attack encountered while carrying out those authorized functions outside its borders. An organization converted into a coast guard, territorial air guard, or equivalent nonmilitary security institution may also exercise the limited authority expressly permitted by the Constitution and implementing law. A former national military organization possesses no independent interstate war-making mandate and may not use or threaten force against United Nations forces acting under lawful authority or against the governmental forces of another nation. Nothing in this Section diminishes the constitutional right of any individual person to reasonable self-defense or defense of another against an unlawful and imminent use of force.

Section 3. Every nation shall submit complete and auditable inventories of relevant personnel, assets, weapons, systems, facilities, and obligations in the form required by the Security Council Military Organization Order.

Section 4. The transition shall protect accrued pay, pension, disability, medical, and other lawful personnel interests while permitting recruitment into United Nations service, reassignment to lawful national service, or protected separation.

Section 5. At 00:00 Coordinated Universal Time on January 1, 2046, any remaining national military organization or operational national military capability outside United Nations authority becomes unlawful and subject to seizure, dissolution, sanction, and criminal prosecution.

ARTICLE VII

Implementation and Attestation

Section 1. The Security Council, General Assembly, High Court, and nations shall take all measures within their lawful authority necessary to implement the Constitution and this Founding Instrument.

Section 2. The Security Council may issue transitional orders consistent with the Constitution and may amend or replace subordinate implementing instruments under its ordinary voting rule.

Section 3. The depositary shall preserve the authenticated Constitution, this Founding Instrument, the founding votes, national ratifications, and the final certification as permanent public records of humanity.

Section 4. By authenticated adoption of this Instrument, the founding members and ratifying nations attest that the Constitution has been lawfully established and that its authority shall not depend upon any one nation, planet, headquarters, or generation.